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  REVISOR of STATUTES

  

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60-312. Proof of service. Proof of service must be filed with the court and made as follows:

(a) Personal and residence service. (1) Every officer to whom summons or other process is delivered for service must make a statement subject to penalty of perjury as provided in K.S.A. 2023 Supp. 21-5903, and amendments thereto, as to the time, place and manner of service.

(2) If process is delivered to a person, other than an officer, for service, the person must make an affidavit or a declaration pursuant to K.S.A. 53-601, and amendments thereto, as to the time, place and manner of service.

(b) Service by return receipt delivery. Service by return receipt delivery must be proved in the manner provided by subsection (c) of K.S.A. 60-303, and amendments thereto.

(c) Publication service. Service by publication must be proved by an affidavit or a declaration pursuant to K.S.A. 53-601, and amendments thereto, showing the dates on which and the newspaper in which notice was published. A copy of the notice must be filed with the affidavit or declaration. When mailing of copies of the publication notice is required by subsection (e) of K.S.A. 60-307, and amendments thereto, the proof of mailing must be by affidavit or by declaration pursuant to K.S.A. 53-601, and amendments thereto, of the person who mailed the copies. If mailing was by certified mail, the return receipt must be filed with the affidavit or declaration.

(d) Time for return. An officer or other person receiving a summons or other process for service must file a return of service not later than 14 days after the service is effected. If the summons or other process cannot be served it must be returned to the court within 30 days after the date issued with a statement of the reason for the failure to serve it, except the court may extend the time for service up to 90 days after the date issued. Upon receipt of the return on any summons or other process, the clerk must serve a copy of the return on the attorney for the party requesting issuance of the summons or other process or, if the party has no attorney, on the requesting party.

History: L. 1963, ch. 303, 60-312; L. 1969, ch. 283, § 1; L. 1970, ch. 235, § 2; amended by Supreme Court order dated July 28, 1976; L. 1986, ch. 215, § 17; L. 1990, ch. 202, § 11; L. 1998, ch. 100, § 1; L. 2000, ch. 175, § 5; L. 2010, ch. 135, § 157; L. 2011, ch. 30, § 214; July 1.

Source or prior law:

(a). G. S. 1868, ch. 80, § 65; L. 1909, ch. 182, § 66; R.S. 1923, 60-2508.

(c). G.S. 1868, ch. 80, § 75; L. 1909, ch. 182, § 81; R.S. 1923, 60-2528.

(d). G.S. 1868, ch. 80, §§ 61, 66; L. 1909, ch. 182, §§ 62, 67; R.S. 1923, 60-2504, 60-2513.

Revisor's Note:

Last sentence of subsection (c) (see L. 1963, ch. 303, § 60-312) was eliminated in accordance with supreme court rule No. 102, effective January 1, 1964.

Cross References to Related Sections:

Process, by whom served, see 60-303.

Proof of service under code of civil procedure for limited actions, see 61-3005.

CASE ANNOTATIONS

Prior law cases, see G.S. 1949, 60-2504, 60-2508, 60-2528 and the 1961 Supp. thereto.

1. G.S. 1949, 60-2513, considered in holding that sheriff of one county is not authorized to serve a summons which is directed to a sheriff of another county. Finn, Administratrix v. Veatch, 195 K. 410, 412, 407 P.2d 535. Rehearing reversing opinion, 195 K. 13, 403 P.2d 189.

2. Section applied; service of process sufficient under 82a-724. Frontier Ditch Co. v. Chief Engineer of Water Resources, 1 K.A.2d 186, 189, 563 P.2d 509.

3. Affidavit of service not showing time of service concerns jurisdiction of person; defect waived. State v. Marshall & Brown-Sidorowicz, 2 K.A.2d 182, 193, 577 P.2d 803.

4. Service of process on secretaries at defendant's business office insufficient for personal jurisdiction. Bray v. Bayles, 4 K.A.2d 596, 603, 604, 605, 609 P.2d 1146. Reversed in part on other grounds: 228 K. 481, 485, 618 P.2d 807.

5. Under 60-303(c)(3) process servers may serve any process which only involves delivery of process not writs of execution or orders of attachment. Steele v. City of Wichita, 250 K. 524, 528, 826 P.2d 1380 (1992).

6. Untimely return of service does not void an otherwise valid service; rights of defendant not impaired. Cook v. Freeman, 16 K.A.2d 555, 559, 825 P.2d 1185 (1992).


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